K. Mogulaiah vs Md. Muneer
2021 Latest Caselaw 4656 Tel

     THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                            AND
               THE HON'BLE SRI JUSTICE N. TUKARAMJI


                       WRIT APPEAL No.519 of 2019

JUDGMENT:    (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of common order dated

04.02.2019 passed in W.P.Nos.24652 & 37380 of 2018 by the

learned Single Judge.

     In one for the writ appeals arising out of the same common

order i.e., W.A.No.517 of 2019, this Court has passed the following

order:

           The present writ appeal is arising out of the order dated
     04.02.2019 passed by the learned Single Judge in W.P.No.24652
     of 2018.
             The undisputed facts of the case reveal that the writ
     petition was preferred by two Village Revenue Assistants
     (respondent Nos.1 and 2 in the present writ appeal) stating that

their cases have not been considered at all for promotion to the post of Village Revenue Officer. It was pleaded by them that they are seniors in the cadre and their cases are not being considered, in spite of the fact that their names find place in the seniority list finalised in the cadre of Village Revenue Assistants. The learned Single Judge has passed the following order:-

"Since the issue involved in both the writ petitions is one and the same, they are being disposed of by this common order.

The grievance of the petitioners is that though they are seniors in the cadre of Village Revenue Assistants and fully eligible and qualified to be promoted to the posts of Village Revenue Officers, the respondents are not considering their cases for promotion to the posts of Village Revenue Officers as per the seniority list finalized in the cadre of Village Revenue Assistants.

Learned counsel appearing for the petitioners submits that when the respondents prepared the seniority list, they are bound to effect promotions to the posts of Village Revenue Officers and that appropriate orders be passed directing the respondents to consider the cases of the petitioners for promotion to the posts of Village Revenue Officers strictly in accordance with their seniority and eligibility.

Learned Government Pleader appearing for the respondents contends that promotions to the posts of Village Revenue Officers have already been effected and that the cases of the eligible candidates in the cadre of Village Revenue Assistants would be reviewed in the seniority list prepared by the respondents and appropriate orders would be passed.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the view that ends of justice would be met if a direction is given to the respondents to consider the cases of the petitioners for promotion to the posts of Village Revenue Officers.

Accordingly, the Writ Petitions are disposed of directing the respondents to consider the cases of the petitioners for promotion to the posts of Village Revenue Officers by reviewing the promotions already effected, strictly in terms of the seniority list and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this

order. It is needless to state that if the petitioners come within the zone of consideration, their cases shall be considered. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

The learned Single Judge has directed the respondents/State to consider the cases of the writ petitioners by reviewing the promotions, as they are also eligible for promotion.

Now, the present writ appeal has been filed stating that the appellants were not parties to the aforesaid writ petition and therefore, the entire process of selection cannot be reviewed.

The undisputed facts make it very clear that the writ petitioners before the learned Single Judge were not at all considered for promotion and in that backdrop, an order has been passed to review the promotions made to the post of Village Revenue Officer.

This Court does not find any reason to interfere with the order passed by the learned Single judge. However, it is made clear that in case need so arises for reverting the appellants, the respondents shall follow the due process of law before passing any such order of reversion.

With the aforesaid, the writ appeal stands disposed of. Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs."

In the light of the aforesaid, the present writ appeal also

stands disposed of. The order passed in W.A.No.517 of 2019 shall

be applicable mutatis mutandis in the present case also.

Miscellaneous petitions, if any, shall stand closed. There

shall be no order as to costs.

__________________________________ SATISH CHANDRA SHARMA, CJ

______________________________ N. TUKARAMJI, J 29.12.2021 ES